In these terms and conditions All Seasons Philipburn Ltd shall be referred to as “the Hotel”.
These Conditions apply to all Contracts for the provision of goods and services for group Accommodation, Restaurants, Bars, Conferences, Functions and other events to the exclusion of all other terms and conditions, including any which the Client may purport to apply or which may appear in any promotional literature. Please read these Conditions carefully in order to avoid any misunderstandings regarding the terms on which reservations are accepted. All Seasons Cars is also a trading name of All Seasons Philipburn Ltd but services relating to All Seasons Cars are covered by a separate set of terms and conditions of travel.
GENERAL TERMS AND CONDITIONS
ACCOMMODATION
All rates quoted are subject to availability and alteration. All special offers quoted are limited and subject to availability and may be subject to a minimum stay.
While every effort has been made to ensure the accuracy of all information, the Hotel cannot accept liability for any errors or omissions and we reserve the right to change information and descriptions of our services and to amend any manifest error in the quoted prices.
Guests are solely responsible for their choice of services and the suitability of those services for their needs. The Hotel cannot be held responsible in this respect.
The reservation is deemed to have been accepted by the guest upon confirmation of the same by the Hotel.
PAYMENT FOR YOUR ROOM
For Advance Purchase reservations, payment will be taken at the time of booking. The Hotel reserves the right to require payment for all other reservations in full on arrival at the hotel. Without prejudice the Hotel may allow accommodation and other services to be charged to a room for settlement at least weekly or on departure, whichever comes first.
The Hotel operates rate plans alongside other booking agents such as Best Western, Booking.com and other online travel agents. Guests should ensure that they understand and rate plan booked as once a booking is made it cannot normally be changed and the terms of that plan will be observed.
Payment can be made by credit/debit card (Visa, MasterCard, American Express). Cash (photo identification may be required e.g. Driving Licence, Passport etc). All Seasons loyalty points and gift vouchers may also be redeemed for payment of goods and services rendered. The expiry date of your debit/credit card must be later than the end of your stay. We do not accept personal cheques.
If arrangements have been made on arrival to charge meals, beverages and other supplies to your room and a pre-authorisation charge has been made on your card, then such charges may be so booked. If a credit pre-authorisation is not taken, then all goods and services must be paid for at the time of use.
LOST PROPERTY
Items left behind in a room will be kept at the property until such time the guest contacts the Hotel. The item will be returned to the guest upon satisfactory identification of the item. Items not claimed will be stored for 3 months and then disposed of. The Hotel will charge for items to be sent.
COMPLAINTS
In the event that a guest is not satisfied with the services received at the Hotel, the guest has the opportunity in the first instance, to contact the Duty Manager in order to resolve any issues.
Should matters not be concluded satisfactorily, the Duty Manager will escalate the matter to the General Manager. If the matter is still not resolved it will be referred to the Board of Directors of the company and a director will respond.
ONLINE BOOKINGS
Please note that different terms, conditions and cancellation policies in relation to all online bookings may apply and guests should be particularly careful to ensure that they familiarise themselves with any booking procedures used by third party booking agencies. Please read the room rate details that are provided carefully before you make your online booking.
Once your booking is made, you will receive an on-screen confirmation reference number – we recommend you make a note of it, though you will also receive an email outlining your reference number and reservation details.
Guests are solely responsible for their choice of services and the suitability of those services for their needs. The Hotel cannot be held responsible in this respect.
In the event that you have to cancel your reservation, you will need your confirmation reference number, as well as the email address used to make the reservation. The Hotel operates a strict cancellation policy, depending on the type of booking made.
VAT
Reservations are subject to the VAT rates applicable during the provision of the service. Therefore, if the VAT rate changes, the costs of the services provided during the stay will be subject to the new greater or lesser VAT rate as applicable.
NON-PERFORMANCE
If for reasons beyond the hotel’s reasonable control, including, but not limited to, strikes, labour disputes, acts, regulations or orders of governmental authorities, civil disorder, disaster, acts of war, acts of God, fires, flood or other emergency conditions, or due to any delay in necessary and essential repairs of the Hotel, the Hotel is unable to perform its obligations under this agreement, the non-performance is excused and the Hotel may terminate the original agreement without further liability of any nature. In no event shall the Hotel be liable for consequential losses or damages of any nature, for any reason whatsoever.
DATA PROTECTION
The Hotel abides by the Data Protection Act 1998 and the GDPR in keeping personal information gathered through all touchpoints with our guests, private and confidential.
GUARANTEED RESERVATIONS
Credit card details are taken at the time of booking for guarantee purposes. By securing your online reservation with a credit card, your room is guaranteed until midnight on the day of arrival, after which the room is released and may be resold. All reservations must be guaranteed with a major credit card (Visa, MasterCard, American Express). In the case of a no-show or late cancellation, your credit card will be charged for one night’s accommodation.
ADVANCED PURCHASE RATE
When booking an Advance Purchase Rate your credit card will be charged for the entire stay at the time of booking and the cost is completely non-refundable. A cancellation or change will result in forfeiture of the total cost of the reservation.
PACKAGES
Packages are available at the Hotel subject to room availability.
SOCIAL MEDIA
The Hotel engages in all Social Media channels and will from time to time promote and communicate through this medium.
CANCELLATIONS
Cancellations must be made within the cancellation period signified on the reservation confirmation. If notice of cancellation is not received by the required date, the hotel will charge the guest the price of one night’s accommodation. Please note that some rates (e.g. Advance Purchase and Last Minute Rates) are non-refundable and in the event of a non-arrival, the full charge of the booking is taken from your credit card.
CHILD POLICY
Persons under 18 will not be permitted in a room without an adult. Menus for Children under 12 are available in Bar 1751 and for Sunday lunch.
PET POLICY
Dogs are only permitted in dog-friendly rooms. A supplementary charge will be made for each dog except for guide dogs which are permitted at no additional charge and notification is required on booking. There are limited spaces in the bar for dogs to accompany their owners subject to agreement with the restaurant manager.
PROMOTIONS AND OFFERS
All promotional offers are subject to specific terms, conditions and restrictions listed on the specific webpage. All special offers are subject to availability.
BOOK OUT POLICY
In the unlikely and unavoidable event that we are required to book out a guest, we will notify the guest a week before arrival or in the worst case scenario on the day of arrival.
Alternative accommodation at a similar property as reasonably possible will be arranged and transport from the Hotel will be complimentary. The booking will be paid for by the guest.
Should guests wish to make their own arrangements, the Hotel will have no further obligation.
CONFERENCES AND EVENTS
All bookings are provisional until the relevant Contract (signed by the Client) is countersigned and dated on behalf of the Hotel. The Hotel will provide the Client with a copy of the Contract once it has been countersigned on behalf of the Hotel.
The Contract shall specify the anticipated number of guests for the Event, the agreed minimum number of guests for the Event (the “Contract Minimum”) and the maximum number of guests permissible for the function room(s) reserved for the Event.
The Client must inform the Hotel of the number of guests it wishes to be catered for at the Event (the “Final Number”) in advance and in the time frame set by the contract. This Final number will override the anticipated number specified but will not affect the contract minimum.
The contract minimum represents the minimum number of guests set by the contract with the Client which may be in writing or verbal, depending on the circumstances.
PAYMENT
All accounts incurred will be invoiced. Payment is due for all credit accounts on presentation of invoice. Any queries should not delay immediate payment of the outstanding balance. Queries should be referred to the Hotel within 7 days of receipt of invoice. No allowance or refund can be made for meals and other elements not taken within the agreed package rate. Payment must be made in Pounds Sterling (UK) payable to the Hotel.
DEPOSITS
The Client must pay the deposit payment(s) specified in the Contract under Billing Instructions. Should the Client fail to pay any such deposit within 7 days of the due date, the Hotel may treat the booking as having been cancelled by the Client and:
All and any deposits paid to The Hotel are received on account of a contractual obligation unless specifically stated otherwise in writing. Deposits will be applied to the event or events in respect of which they are paid. All deposits paid to The Hotel are strictly non-refundable and in the event of cancellation in whole or in part by the payer equivalent cancellation fees will be charged against which the deposits will be applied.
CREDIT
Credit facilities within the Hotel may be obtained on application to the Hotel (subject to the agreement of the Hotel). Credit facilities must be finalised 2 weeks prior to the Event. All amounts incurred against an agreed credit facility will be invoiced immediately after the Event. The Client shall pay all invoices upon presentation of the invoice.
INTEREST
When credit facilities are granted but payment is not received within the stated terms, we reserve the right to charge an appropriate rate of interest (4% above the Bank of England base rate) or make a collection charge. All such agreed credit accounts must not exceed their credit limit at any time.
REFUNDS
Where under these terms and conditions there is an over-payment made or a refund granted for whatever reason, the refund will be made to the Client by the same method as the payment was made in the first instance and in no circumstances will a refund by made to a different entity, e.g. money received from one credit card refunded to a different card. In the event that such a refund is not possible, the Hotel will undertake exhaustive enquiries to ensure that no fraud is being perpetrated before agreeing to a refund to a different entity.
EXTRAS
The Client shall pay the Hotel for any food and beverages or other goods and/or services not provided for in the Contract or otherwise in correspondence but made available upon request of the Client on the day of the booking or event.
PRICE VARIATION
In the event of circumstances beyond the Hotel’s control (including, but not limited to, increases in the standard rate of VAT), the Hotel reserves the right to vary the prices specified in the Contract accordingly.
LOYALTY CLUB
The Hotel operates a loyalty scheme open to all and details of which can be obtained from the Hotel on request including its terms and conditions.
GROUP CANCELLATION
If the Client wishes to cancel a booking or cancel the reservation of some or all bedrooms reserved either as a block booking or in conjunction with an Event, such cancellations must be verbally communicated to the Hotel in the first instance, followed by a written notice of cancellation. The cancellation shall be effective, final and binding on the working day on which the Hotel receives a written notice of cancellation (the “Cancellation Date”). Any notice of cancellation received outside of the hours of 9.00am and 5.00pm shall be deemed made on the next Working Day. Postponement of any Event shall be considered as a cancellation of such an event unless a new date is fixed.
A credit or debit card is required to secure your reservation. For fully flexible reservations, there will be no cancellation charge if a booking is cancelled before 4pm on the day before the arrival date. If the booking is cancelled later than the stated time, or in the case of a no-show, the first night will be charged.
If the Client cancels a booking, the Hotel will charge a cancellation fee. This cancellation fee shall be a percentage of the charges payable in respect of the contract minimum (and, if any separate charge is payable in respect of room hire, of such room hire charge), according to the number of clear days (that is not counting the Cancellation Date and the day of the Event) between the Cancellation Date and the date of the Event (the “Cancellation Notice”), as set out below. If the Event is cancelled less than 3 Working Days before the Event, the Hotel is entitled to charge according to the Final Number, if higher than the Contract Minimum.
Cancellation Notice (Events)
0 – 7 days prior to arrival – Full charge
8 – 14 days prior to arrival – 75% of charge
15 – 30 days prior to arrival – 50% of charge
Where any bedrooms are reserved, either as a block booking or in conjunction with an Event, such bedrooms are block booked and reserved exclusively for the Client and will not be released unless notice of cancellation of such reservation in respect of the relevant bedrooms is given in accordance with the Hotel’s conditions. The cancellation fees will if applicable then apply.
For block bedroom bookings of 9 or more rooms on any one night, cancellation of some or all bedrooms reserved, either as a block booking or in conjunction with an Event will incur a cancellation fee. This cancellation fee shall be a percentage of the charges payable in respect of the bedrooms cancelled (or, if no separate room rate is specified in the contract, of the standard room rate) according to the Cancellation Notice, as set out below:
Cancellation Notice (Bedrooms)
Fee:
0 – 7 days prior to arrival – Full charge
8 – 14 days prior to arrival – 75% of charge
15 – 30 days prior to arrival – 50% of charge
The cancellation fees payable under this clause are a genuine pre-estimate of the loss the Hotel will incur arising out of a cancellation; the actual losses incurred by the Hotel may be greater or less than the cancellation fees; the cancellation fees are payable whether or not the Hotel is able to find alternative business in respect of the cancelled Event and/or bedrooms.
In addition to the cancellation fees, the Client must reimburse the Hotel (on an indemnity basis) for any expenditure incurred in respect of any cancelled booking including (but not limited to) any costs, charges or penalties as a result of having to make consequential cancellation of its own arrangements with third parties in relation to the Event.
The Hotel may invoice the Client for any cancellation fees payable at any time after the cancellation. The Client shall pay such invoice on presentation of invoice.
CANCELLATION BY HOTEL
The Hotel may cancel the Booking if the Booking might prejudice the reputation of the Hotel. Where the Hotel becomes aware of any deterioration in the Client’s financial situation such that the Hotel reasonably considers the Client may not be able to fulfil its material obligations under the Contract, there will a cancellation of the booking. The Hotels may charge cancellation fees.
CHANGES BY THE COMPANY
The Hotel reserves the right without prior notice to change the Client’s assigned booking/function room for one of equal suitability for commercial or operational reasons.
This includes but is not limited to, the carrying out of works in the relevant room or such room being otherwise unavailable.
OUTSIDE SERVICES
The prior consent of the Hotel must be obtained for any entertainment or services contracted for the Event by the Client, all of which must comply with any statutory codes and regulations. It shall be the sole responsibility of the Client to ensure that, where applicable, Performing Rights Society forms and Phonographic Performance Limited forms are completed by any band or musicians employed by the Client.
ETIQUETTE
The Hotel reserves the right to judge acceptable levels of noise or behaviour of the Client, its guests, representatives or contractors (including, but not limited to, persons engaged by the Client to provide entertainment or other services).The Client must ensure compliance with the Hotel’s direction as to noise or behaviour.
THE HOTEL RESERVES THE RIGHT GENERALLY
To exclude or eject any person from the Hotel or Event if it reasonably considers such person’s behaviour to be objectionable.
To stop the Booking or Event without liability to any refund or compensation, if necessary to prevent or terminate unacceptable noise or behaviour.
The Client shall indemnify the Hotel against all and any losses, costs, damages, liabilities, claims, demands and expenses suffered or incurred by the Hotel arising out of any exclusion, ejection, termination of an Event attributable to the Client.
HEALTH AND SAFETY
The Client must fully comply (and ensure the full compliance of its sub-contractors, employees and guests) with the Hotel’s Health & Safety policy, a copy of which is available on request from the Hotel.
CORKAGE and CAKEAGE
No wines, spirits, food or beverage may be brought into the Hotel or grounds by or on behalf of the Client or any guests for consumption on the Hotel premises unless the prior consent of the Hotel has been obtained, for which a charge will be made.
LICENSING AND STATUTORY REGULATIONS
The Client shall maintain free access to fire exits at all times and shall obtain the prior approval of the Hotel before using any special effects equipment on the Hotel premises. The Client shall submit for approval to the Hotel all table layouts for the Event. The Client shall observe the permitted hours for selling intoxicating liquors in the Hotel premises, as advised by the Hotel.
GUESTS’ PERSONAL PROPERTY
The Hotel does not accept responsibility for the property of the Client or its guests. Cloakrooms are provided for the convenience of clients and guests but any goods deposited in the cloakrooms or left unattended on Hotel premises are deposited at the owner’s risk and without any liability on the part of the Hotels.
EQUIPMENT STORAGE
The Hotel will assist the Client, where reasonably possible, with the storage of equipment etc. However, the Hotel does not accept any liability for loss or damage to any item of equipment, furniture, stock or the like, left in storage. Special arrangements will be in force in relation to shot guns.
LIABILITY OF THE COMPANY
The Hotel shall not be liable, whether in contract, tort (including negligence) or otherwise for any direct, consequential or economic losses or loss of profits however arising.
In no event will the Hotel have liability for any loss or damage in contract or tort (including negligence) or howsoever otherwise arising, exceed the total amount paid by the Client for the Event.
The Hotel shall not be liable for any breach of the terms and conditions or delay or failure in providing services as a result of causes beyond its reasonable control including (but not limited to) fire, floods, strikes, delays in transportation, failure of services or inability to obtain any necessary information or consent from any authority.
The Hotel does not exclude or restrict its liability in respect of death or personal injury resulting from its negligence.
DAMAGE
The Client shall be responsible to the Hotel and make good on demand for any damage caused to the allocated rooms or the furnishings, utensils and equipment therein or to the Hotel premises generally caused by any omission, act, default or neglect of the Client or any sub-contractor, employee or guest of the Client.
SMOKING
The Hotel operates a no smoking policy anywhere inside the Hotels in accordance with the Health Act 2006 and this includes the smoking of E-Cigarettes. The hotel operates a zero-tolerance policy in respect of drug taking. Permitted smoking areas are identified outside the property. Smoking on the Hotel’s premises outside of the permitted area will result in a £250 fine and is also an offence.
GENERAL GOVERNING LAW
The Contract shall be governed by and construed in all respects in accordance with the laws of Scotland or where applicable England and Wales. The Contract does not affect any rights which the Client may have under the Hotel Proprietors Act 1956 where that Act applies.
Time shall be of the essence for all payment obligations under these Conditions.
USE OF PERSONAL INFORMATION
We process the personal information, which you provide us via this website through your registration for the latest offers bulletin, brochure requests, online competitions, and your visits to this website and other sites accessible from this website. We also collect information about the transactions you undertake including details of payment cards used. This is for the purposes of dealing with your bookings and requests, tailoring our services to your requirements, providing you information about products and services we offer and to improve our service to you.
Please note that there may be instances where it may be necessary for us to communicate with you, in any event, for administrative or operational reasons relating to our services.
DISCLOSURE
We will not sell your personal information to third parties and we will only disclose to our selected business partners and service providers for the purpose of facilitating your stay. These parties are contractually prohibited from using personally identifiable information for any purpose other than for purposes which the Hotel specifies.
PRIVACY AND SECURITY STATEMENT
We treat the information that you provide to us as confidential information. We work to protect the security of your information during the transmission by using Secure Sockets Layer (SSL) software, which encrypts the information that you input. This allows your computer to communicate with our server in a way that is designed to prevent eavesdropping, tampering, or message forgery. You will also know when you are in a secure mode when the padlock or key icon in lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, the first characters of the site address will change from ‘http’ to ‘https’ when accessing the server.
USE OF COOKIES
Our website uses ‘cookie’ technology. A cookie encrypts strings of text that a website stores on a user’s hard drive (but it does not access your hard drive). In order to improve our website, services and build profile information about visits to our website, we may from time to time send you cookies.
Whilst you do not need to allow your browser to accept cookies in order to browse much of our website or access our services, we strongly recommend that your cookies are enabled if you wish to proceed with a booking at any of our hotels.
Your credit card data is transferred over this secure line provided you are using an SSL enabled browser such as Microsoft Internet Explorer, Safari or Google Chrome. After your information reaches us, it is stored on a secure server that sits behind firewalls designed to block unauthorised access to parties outside of the Hotel.
Whilst we take all reasonable steps to protect your personal information, data transmission over the internet cannot be entirely secure. We, therefore, cannot guarantee the security of the information you disclose online and the use of our facilities (e.g. email) is at your own risk.
The Hotel will not be liable for any damages or losses suffered directly or indirectly arising out of or in connection with unauthorised access, loss or corruption of personal data which you provide to us on this website.
Meeting the needs and expectations of our guests has always been our highest priority and that includes protecting your privacy. With advances in technology and legal developments, we may need to change this privacy statement. We request that you refer to our website on a regular basis in order to ensure that you are aware of our most current Privacy Statement.
DISCLAIMER OF WARRANTIES
All Seasons Philipburn Ltd has compiled the information on this website for the use of guests, prospective guests and travel professionals. The information, material and software algorithms contained in this website or which may be downloaded from this website, including text, graphics and hyperlinks, are provided ‘as is’ and ‘as available’.
The information and material contained in this website are believed to be accurate and complete at the time of their posting. Although the Hotel attempts to ensure that all information and material remain current and accurate, they are subject to change without notice and the Hotel does not warrant their accuracy, completeness and currency at all times.
In addition, the Hotel does not warrant the accuracy, adequacy or completeness of this website and expressly disclaims liability for errors or omissions therein.
No warranty of any kind, implied, express or statutory, including but not limited to warranties as to non-infringement of intellectual property rights or third party rights, title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in respect of this website, including without limitation all information, materials and software provided through this website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our website, you warrant to the Hotel that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
All Seasons Philipburn Ltd version 01-12-23